An Ohio appellate court affirmed the denial of workers’ compensation benefits to a home health care aide who sustained a T12 vertebrae compression fracture when she slipped and fell on...
Ohio Home Health Aide’s Injuries Outside Client’s Residence Not Compensable Ohio Home Health Aide’s Injuries Outside Client’s Residence Not CompensableA Virginia appellate court, yet again reiterating the state’s version of the “actual risk rule” [see Larson’s Workers’ Compensation Law, § 3.04] affirmed a decision by the state’s Workers’ Compensation...
Virginia Worker’s Fall on Workplace Steps is Not Compensable Virginia Worker’s Fall on Workplace Steps is Not CompensableIn a split decision, an Arizona appellate court affirmed a finding by the state’s Industrial Commission that a police officer failed to establish a compensable workers’ compensation claim based on...
AZ Police Officer’s PTSD Claim Fails Since Stress was not Unexpected AZ Police Officer’s PTSD Claim Fails Since Stress was not UnexpectedA Pennsylvania appellate court reversed a decision of a state workers’ compensation judge, affirmed by the state’s Board, that had denied workers’ compensation benefits to a janitor who sustained injuries...
PA Court Says Janitor’s Fall Near Entrance of Building is Compensable PA Court Says Janitor’s Fall Near Entrance of Building is CompensableIn an Illinois personal injury action filed by a temporary worker who had been assigned by a temporary staffing agency to a packaging company, both the “loaning” employer and the...
Illinois Court Stresses that Both Loaning and Borrowing Employers are Immune From Tort Liability Illinois Court Stresses that Both Loaning and Borrowing Employers are Immune From Tort LiabilityA New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that disallowed the claim of an employee who sought workers’ compensation benefits approximately one month after...
NY Worker’s Claim Denied Where He Died Before Record Could be Established NY Worker’s Claim Denied Where He Died Before Record Could be EstablishedA New York appellate court held that substantial evidence supported a decision by the state’s Workers’ Compensation Board disqualifying a workers’ compensation claimant from further benefits, based upon his misrepresentation...
“Roll the Video”: Surveillance Footage Supports NY Board’s Finding That Claimant Misrepresented Material Fact “Roll the Video”: Surveillance Footage Supports NY Board’s Finding That Claimant Misrepresented Material FactThe Court of Appeals of South Carolina reversed, in part, a decision by the state’s Workers’ Compensation Appellate Panel that had found an injured roofer was an independent contractor—and not...
Self-Employed SC Roofer May Have Been Roofing Co.’s Employee Self-Employed SC Roofer May Have Been Roofing Co.’s EmployeeA Mississippi appellate court affirmed a decision by the state’s Workers’ Compensation Commission that denied—without a hearing—an injured worker’s petition to settle and close out the medical portion of his...
MS Court Affirms Denial of Quadriplegic’s Settlement Agreement MS Court Affirms Denial of Quadriplegic’s Settlement AgreementA Colorado appellate court affirmed the imposition of a $750 penalty for each of eight instances in which a hospital sent invoices to a worker who had sustained work-related injuries...
Colorado Hospital’s Action in Billing Claimant for Medical Services Warranted Penalty, But Not as a “Continuing” Offense Colorado Hospital’s Action in Billing Claimant for Medical Services Warranted Penalty, But Not as a “Continuing” OffenseIn a relatively unusual move, the Appellate Division of the Supreme Court of New York (Third Department) vacated its October 8, 2020 decision [reported at 187 A.D.3d 1297, 132 N.Y.S.3d...
NY Law Firm’s $52K Fee Request Will be Reconsidered by Board NY Law Firm’s $52K Fee Request Will be Reconsidered by BoardA New York appellate court affirmed a trial court’s order granting an employer’s motion for summary judgment in a case in which a former employee—a grave digger—contended he had sustained...
NY Grave Digger’s Intentional Distress Claim Fails NY Grave Digger’s Intentional Distress Claim Fails